New York’s construction industry is one of the most dangerous in the country, with high rates of worker injuries and fatalities. When safety protocols are ignored—especially those enforced by the Occupational Safety and Health Administration (OSHA)—the consequences can be severe. But if you’re a construction worker injured on the job due to an OSHA violation, can you sue your employer?

The answer isn’t always straightforward. While OSHA provides clear safety standards, the ability to sue your employer for violating them depends on several legal factors specific to New York law.

OSHA Violations and Employer Liability in New York

OSHA's Role in Construction Site Safety

OSHA sets and enforces safety standards to protect workers from preventable harm. These include regulations on:

In New York, construction-related OSHA citations are among the highest in the nation. According to the U.S. Bureau of Labor Statistics, the construction industry accounts for nearly 25% of all work-related deaths in the state. Many of these fatalities involve violations of OSHA’s fall protection or scaffolding rules.

Can an OSHA Violation Alone Justify a Lawsuit?

An OSHA violation does not automatically give a worker the right to file a lawsuit. OSHA citations are regulatory, not civil. They can lead to government-imposed fines but don’t directly result in compensation for injured workers.

However, OSHA violations can be used as evidence of negligence in a personal injury lawsuit or third-party claim, depending on the circumstances.

Workers' Compensation vs. Lawsuits: What You’re Allowed to Do

Workers’ Compensation is the Default Remedy

New York law requires most employers to carry workers’ compensation insurance. This no-fault system provides benefits for:

  • Medical expenses
  • Lost wages
  • Permanent disabilities

But here’s the catch: Workers' comp generally bars employees from suing their employer directly, even if the employer committed an OSHA violation. This legal protection shields businesses from civil liability in most workplace injury cases.

When You Might Be Able to Sue

There are exceptions where a lawsuit may be allowed. OSHA violations may strengthen a claim under one of these exceptions:

1. Grave Injury Exception (Section 11 of NY Workers’ Comp Law)

If the injury is classified as “grave”—such as amputation, blindness, or permanent disfigurement—an employer may be held liable in third-party lawsuits filed by others, such as general contractors or property owners who then bring the employer into the case.

2. Intentional Harm by Employer

If an employer’s conduct was so reckless it rises to the level of intentional wrongdoing, a direct lawsuit may be possible. For example, knowingly forcing workers into dangerous conditions without protective gear despite repeated OSHA warnings could support such a claim.

3. Labor Law 240 and 241 Claims (Scaffold Law)

New York has unique labor laws that allow injured construction workers to sue property owners and general contractors for gravity-related injuries (e.g., falling from a height) or violations of safety rules. These laws often apply in tandem with OSHA violations and offer broader protections than workers’ compensation alone.

Third-Party Lawsuits After a Construction Site Injury

If your injury was caused by someone other than your employer, such as a subcontractor, site manager, or equipment manufacturer, you may be able to file a third-party personal injury claim.

Common Third-Party Defendants Include:

  • General contractors
  • Property owners
  • Equipment manufacturers
  • Independent safety consultants

In these lawsuits, OSHA violations can serve as compelling evidence of negligence. A personal injury claim allows you to seek compensation for:

Why Documentation Matters in OSHA-Related Claims

If you suspect your injury was the result of an OSHA violation, document everything immediately:

  • Take photos of the worksite and hazardous conditions
  • Collect names of witnesses
  • Seek prompt medical attention
  • Report the injury to your employer in writing
  • File a formal complaint with OSHA (which can trigger an inspection)

Additionally, consult a personal injury attorney experienced in construction accidents. They can help assess whether you have grounds to sue under New York’s complex labor and tort laws.

Recent Enforcement Trends in NY Construction

OSHA and the New York Department of Labor have increased their focus on high-hazard job sites in NYC and surrounding regions. In recent years:

  • Dozens of New York contractors have been fined for fall protection and scaffolding violations.
  • Some contractors have been placed in OSHA’s Severe Violator Enforcement Program.
  • City and state initiatives have expanded safety training requirements, including OSHA 10 and OSHA 30 certifications.

These trends show a growing recognition of construction site risks—and a tightening legal environment for unsafe employers.

What About Retaliation for Reporting Safety Violations?

Many workers hesitate to report unsafe conditions out of fear of being fired or blacklisted. OSHA prohibits retaliation against workers who:

  • File safety complaints
  • Cooperate with OSHA investigations
  • Testify in hearings or lawsuits

If your employer retaliates, you may have grounds to file a separate retaliation claim, which could lead to reinstatement, back pay, and additional damages.

Conclusion

While OSHA violations at New York construction sites are serious, they don’t automatically give you the right to sue your employer. Most injuries are handled through the state’s workers’ compensation system. However, exceptions exist—especially when injuries are severe, the conduct was intentional, or a third party was involved.

If you’ve been injured on the job and suspect an OSHA violation was a factor, speak with an attorney who understands both New York labor law and construction litigation. The path to justice may not be simple—but it may be available.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Construction Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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